Lancaster Housing Authority v. Gardner

Dissenting Opinion by

Mr. Justice Roberts:

1 believe that the judgment can and should be stricken on existing state law grounds that pre-date and are unrelated to the decision in Thorpe. Thus I dissent from the majority opinion which merely remands for a hearing under Thorpe.

Appellee-authority proceeded under a lease provision which allowed confession of judgment against appellant-tenant “upon the breach of any of the covenants or Agreements of this lease or upon termination thereof by forfeiture, default or expiration. . . .” The authority’s affidavit supporting its entry of the confessed…